Page 1: 1994-96 Entry into force formula

Entry into force provisions (EIF)

Jaap Ramaker, Chairman of the Conference on Disarmament, was determined to conclude the negotiations in time to submit the Treaty to the 51st session of the United States General Assembly.

Determining the provisions for the Treaty’s entry into force was as politically challenging a task as negotiating many of the other contentious issues surrounding the nuclear test ban. The central question was which countries must ratify the CTBT before the Treaty enters into force.

On 20 June 1994, China tabled a draft calling for entry into force one year after all CD members and all States known by the IAEA to possess nuclear or research reactors had deposited their instruments of ratification. However, many states were weary of supporting Entry Into Force (EIF) provisions that would allow one State an essential veto against the Treaty.

Determining the Treaty’s entry into force provisions was
as politically challenging a task as negotiating many of
the other contentious issues surrounding the nuclear test ban.

Chemical weapons canisters from a stockpile. Many States favored EIF provisions similar to the Chemical Weapons Convention.

Although many States favored EIF provisions similar to the Chemical Weapons Convention, which required a simple numeric formula, the United States would not join the Treaty unless all NWS ratified. At the outset of negotiations the United Kingdom, France and Russia advocated an IAEA-based list of countries that were capable of conducting a nuclear test. This formula would have met the goal of covering Nuclear Weapon States (NWS) as well as the three “threshold” states, India, Pakistan and Israel.

Others, such as Australia, suggested a diplomatic process to decide EIF provisions instead of including specific language in the text of the Treaty. Japan, Sweden and Indonesia all proposed a simple number of ratifications to be required for EIF, but this method had no guarantee of capturing NWS and those capable of nuclear testing.